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Civil & Property Law

How to inspect court case records

To inspect court case records you apply on the court's prescribed inspection form asking to see the file, pay the inspection fee the schedule prescribes, and attend on the date the records or copying section fixes, reading the file in the presence of the court official. Inspection lets you read the record and take notes; it does not give you the file, and it is separate from an application for a certified copy, which is the only thing that produces an authenticated document. The order sheet - the day-to-day order or roznama - is part of the record and is read on inspection.

Before you start

  • The case number and year, and the cause title as it stands on the file.
  • The name of the court and the section that keeps the record.
  • Your status: party, advocate, or third party seeking the court's leave.
  • Authority - identity and case proof, or a vakalatnama, or the order granting leave.
  • A written note of exactly which documents you want to inspect, so the official can pull them without a search.

Who may inspect

  • A party to the case, on proof of that status.
  • An advocate on record, under the vakalatnama or memo of appearance.
  • A third party, only with the leave of the court, which is given on showing a sufficient interest.

Inspection and a certified copy answer different questions. Inspection is reading the file to know what is on it; a certified copy is an authenticated reproduction of a specific document for use outside the court. A civil litigation review usually needs both, and the sound sequence is to inspect first, then apply for copies of what matters.

Many people first check case status through the eCourts services portal and then assume the whole record is available online. It is not. The portal shows the cause list, the orders passed and the current status; the pleadings, the exhibits and the physical order sheet are read only on inspection at the court where the file lies. Where several documents are to be inspected, list them in one application - a fresh application for each document is unnecessary and only slows the file's movement.

Steps

  • 1. Identify the court and the record section. The file is where the case is pending or last decided; an appeal does not move the trial record to the appellate court for routine inspection.
  • 2. Fill the prescribed inspection application. Use the court's form, entering the case number, the parties and the documents you want to see.
  • 3. State the purpose briefly. Courts ask why inspection is sought; a one-line purpose is enough and an inflated one helps nobody.
  • 4. Attach authority. Party, advocate, or the leave order for a third party.
  • 5. Pay the inspection fee and take the receipt. The fee follows the schedule, and the receipt usually carries the date of inspection.
  • 6. Attend on the fixed date. Inspection happens in the presence of the court official, at the court's hours, and you take notes by hand or by the means the court allows.
  • 7. Apply separately for certified copies. Inspection gives you the reading; the copies you need to file or produce are obtained on a copying application.
  • 8. Get the order sheet. The daily orders and the order sheet are copied on request like any other part of the record.

A ready civil litigation format for the inspection and copying applications keeps the two straight, so you do not ask the wrong section for the wrong thing.

Documents to keep

  • The stamped acknowledgment of the inspection application.
  • The inspection fee receipt.
  • Your own notes, dated and kept with the case papers.
  • The certified copies obtained afterwards, kept flat and unmarked.

What goes wrong

  • Confusing inspection with a certified copy. Inspection will not produce a document a registrar or appellate court will accept; that needs a copying application.
  • A third party inspecting without leave. The section will refuse once it sees no order granting leave.
  • Asking to take the file away or to photograph it. Inspection is supervised, and copying by the means not allowed is refused.
  • A wrong or incomplete case number. The file is not traced and the day is lost.
  • Expecting to inspect a file that has moved. A file sent up in appeal, or one transferred on a change of court, will not be at the old counter; for the practical next step, see how we handle these filings at the counter.

Common questions

Who can inspect a case file?

A party, an advocate on record, and a third party who has the court's leave. A stranger to the record is turned away.

Can I take photographs of the file?

Only if the court permits it. The default is supervised inspection with hand notes, and copying is done through the copying department.

Is inspection the same as getting a certified copy?

No. Inspection is reading the record; a certified copy is an authenticated reproduction of a specific document, obtained on a separate application and payment.

How do I get the order sheet?

Read it on inspection, and apply for a certified copy of the order sheet if you need it outside the court, exactly as you would for any other part of the record.

FileX Advocates & Legal Consultants, Kolkata, inspects records and obtains certified copies in civil matters before the Calcutta High Court, the City Civil and Sessions courts and the district courts. Call +91 7439811422 or WhatsApp us for help.

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